INTRODUCTION TO IMMIGRATION LAW by ygs12945

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									INTRODUCTION TO
IMMIGRATION LAW



       JOSÉ L. FLEMING,
       IMMIGRATION COMPLIANCE OFFICER

       MICHAEL SCHWARTZ, DIRECTOR
   1
       TIM WHITE, IMMIGRATION CONSULTANT

       HUMAN RESOURCES,
       COMPLIANCE & IMMIGRATION SERVICES
2
                   IMMIGRATION
                        &
                WORK AUTHORIZATION
    Why is knowledge of Immigration Laws (and who is
    legally allowed to work in the U.S.) Important for UVA
    Departments?

     Congress has placed employers in the middle of the work
    authorization process
     UVa strategic goals:
-   Increase our global presence
-   Compete for and bring to UVA the best and brightest students,
    faculty, researchers, and scholars from around the world
     Liability/penalties for discrimination on basis of national origin
     during hiring/recruitment process                                    3
4
U.S. GOVERNMENT AGENCIES


US Citizenship and Immigration Service
(USCIS- formerly known as Immigration &
Naturalization Services, INS; ww.uscis.gov)

US Department of Labor (DOL;www.dol.gov)

US Department of State (DOS; www.state.gov)
                                              5
 GLOSSARY OF IMMIGRATION TERMS

Please refer to your hand-out of frequently used
immigration terminology.




                                                   6
        I-94 CARD ISSUED BY CBP:
RECEIVED UPON U.S. ENTRY & AUTHORIZES DATE OF
          ADMISSION AND END OF STAY




                                                7
GENERAL IMMIGRATION ISSUES

What is a visa?
A visa is a travel document issued by an
American Consulate outside the U.S. which
allows an individual to travel to the U.S.


What if my visa expires?
If you are in the U.S. it does not matter if you
visa expires. A valid visa is only required when
you are trying to enter the U.S.

                                                   8
VISA ISSUED AT U.S. CONSULATE ABROAD -
  U.S. ENTRY & EXIT TRAVEL DOCUMENT




                                         9
GENERAL IMMIGRATION ISSUES

What is “status”?
Status is a foreign national’s (FN) right to remain
in the U.S. FN’s must must have valid
immigration status at all times. This is reflected
in their “I-94” card which they are given each
time they are inspected and admitted to the U.S.

What is a passport?
A passport is also a travel document like a visa.
The true purpose of a passport is to confirm that
if a FN violates the laws of a foreign country, the
country will take them back. A valid passport is      10
required at all times; a valid visa is not.
EMPLOYMENT AUTHORIZATION CARD ISSUED BY
               USCIS:
AUTHORIZES EMPLOYMENT BEGIN AND END DATES




                                            11
         IMMIGRATION STATUSES
United States Citizens (USC)
Legal Permanent Residents (LPR)
(a.k.a. “green card” holders)
Non-immigrants
(e.g. refugees, asylees, tourists, foreign students,
diplomats, temporary workers)




                                                       12
     IMMIGRATION/WORK AUTHORIZATION
    What does it mean to be a Permanent Resident?
-   Can live in U.S. permanently & engage in
    unrestricted employment
-   Can support spouse & unmarried children for
    permanent residence
-   Can lose permanent residence by engaging in
    criminal acts or residing abroad for an extended
    period of time
-   No right to vote, serve on juries, or run for office
-   Researchers & Scholars may apply for
    government grants                                      13
 IMMIGRATION/WORK AUTHORIZATION
    How do you obtain Permanent Residence?

Family based:
U.S. citizens & LPRs can sponsor close relatives

Employment based:
Typically, employer must first document to
Departments of Labor that there are no qualified U.S.
workers available for the position
(This step is not required for “persons of
extraordinary ability”, “outstanding
professors/researchers” or those whose employment is
deemed to be in the “national interest”)                14
 IMMIGRATION/WORK AUTHORIZATION
           Non-Immigrant Visas:

Foreign nationals who are traveling to the U.S.
for a temporary intention are categorized under
U.S. law as non-immigrants.

The law necessitates that these people provide
proof that they don’t plan to immigrate to the
United States.

                                                  15
   IMMIGRATION/WORK AUTHORIZATION
                 Non-Immigrant Visas:

  As these visas are temporary, the individual must
  show:
- The financial resource of support while in the United
  States
- Intent to return to the home country

  There are several types of non-immigrant visas,
  according to the purpose of the trip.
- For example: there are special visas for fiancés of U.S.
  citizens, diplomatic employees, tourists, business
  people, exchange visitors, au pairs, treaty
  traders/investors, researchers, registered nurses,
  vocational scholars, students, religious workers,          16
  musicians, athletes, performers, and many more
    IMMIGRATION/WORK AUTHORIZATION
                     Employment-Based Immigrant Visas:

Employment-based immigrants will require a U.S. company to sponsor them in order
to obtain a green card.
Each year, around 140,000 applicants are awarded green cards under this category.
Employment based visas are divided into five preference categories.
Some categories necessitate Labor Certification from the USDOL.
  This category does not include:
  Immigrants with extraordinary abilities. For example, athletes, musicians,
  artists, scientists, etc.
  Certain investors.
  Special immigrants. For instance, religious workers and juvenile wards of the
  court.
  Before a U.S. employer can sponsor a foreign employee, the employer must
  persuade the Department of Labor via Labor Certification, to certify that there
  are no American workers available for the position being taken by a foreign
  employee. Visas are sooner available for positions requiring at least two years of
  experience, than for positions requiring less experience.
  The University of Virginia sponsors Labor Certification applications, and green      17
  card petitions filed under the Outstanding Professor/Researcher category
   IMMIGRATION/WORK AUTHORIZATION
                          Work Visas:

U.S. companies can apply for work visas to temporarily bring
over foreign employees.

For example:
  H-1B visa programs allow highly skilled foreign personnel and
  students to temporarily live and work in the US. Common
  positions that fall under the this visa category are physical,
  occupational, and speech therapy, engineers, doctors,
  pharmacists, IT professionals, management professionals, sales
  force, etc.
  L-1 visas allow managers, executives and specialized knowledge
  employees to transfer from a foreign company to a US parent,
  affiliated, or subsidiary branch to perform temporary jobs.
  Though the above-mentioned visas are temporary, an
  individual with an H-1 or L-1 visa may be able to apply for      18
  permanent residency (green card) if he/she wishes to become a
  legal permanent resident of the United States.
    IMMIGRATION/WORK AUTHORIZATION
                Tourist Visas (Short stay in the US):

If an individual wishes to enter the US for tourism, medical
visits, or some business purposes, a tourist visa (or a visitor visa)
is generally needed.
*However, if an alien is coming from a qualified country, he/she is
capable of visiting the U.S. without a visa, through the Visa Waiver
Pilot Program (VWPP).

  B-2 is a tourist visa that allows a person to spend up to 6 months in
  the USA for pleasure (no work authorization) or medical treatments
  with the possibility of an extension from the INS.
  B-1 business visitor visas allow business people to engage in trade
  shows, scientific, educational, or religious conventions. It also allows
  these people to participate in business-related activities, such as
  negotiating contracts, consulting with clients, and litigation, while in
  the United States. However, the persons cannot take a position that
  would necessitate a US working visa and cannot be paid by a U.S.           19
  company.
 IMMIGRATION/WORK AUTHORIZATION
                 Student Visas (Studying in the USA):

Lots of students come to the U.S. from around the world to study and advance
their knowledge.
There are a number of programs providing many learning opportunities.
Three major categories of student visas include F-1, J-1, and M-1 visas.
F-1 Visa (for academic studies or language training programs): The F-1 visa is
issued for non-immigrant students who wish to study or conduct research at an
accredited U.S. college or university.
J-1 visa (academic studies as an exchange visitor): This visa is reserved for
non-immigrants who will be engaging in an exchange visitor program in the
country. The J-1 visa is the major visa for educational and cultural exchange
programs.
M-1 Visa (for nonacademic or vocational studies): This temporary visa is
available to people who want to study or train at a nonacademic institution in
the US.
The application process is almost identical for these visas. However, there are
some differences in terms of eligibility and other restrictions. For further
information, email us with questions.                                             20
   IMMIGRATION/WORK AUTHORIZATION
              Visitors Who Do Not Need Visas

  Under the Visitor Waiver Pilot Program certain types of
visitors from 35 specified countries are authorized to
temporarily enter the U.S. without applying for a visa.

  The United States chose countries to participate in the
program on the basis of a low visa refusal rate and a
determination that citizens of those nations generally pose no
threat to the health, safety, welfare or security of the U.S.

 This information can be found on the U.S. Citizenship and
Immigration Services website at:                                 21
 http://uscis.gov/graphics/publicaffairs/newsrels/visawaiv.htm
     IMMIGRATION/WORK AUTHORIZATION
As of January 1, 2009, the participating nations are:

35 nations are eligible under the U.S. Visa Waiver Program, which include
Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy,
Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway,
Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden,
Switzerland, and the United Kingdom.

Under the VWPP, an individual from one of the 35 participating countries
can enter the U.S. without a visa if he/she:
is traveling for business or pleasure.
will stay in the US for 90 days or less. No extension or Adjustment of
Status permitted.
enter the country at a land border or aboard a participating carrier.
is not ineligible for a visa.
not eligible for a change of status                                         22
machine readable passport
                    Q&A


                 Human Resources
          Compliance & Immigration Services

914 Emmet Street, P.O. Box 400127, Charlottesville, VA.
                       22904-4127
                Phone: (434) 924-4393
                Fax:    (434) 924-3194
      Visit our web-site for more information at:
                                                          23
         http://www.hrs.virginia.edu/cis.html

								
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